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Article • July 21, 2018 • from CLN August, 2018
South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial by Dale Chappell by Dale Chappell “One who is his own lawyer has a fool for a client,” U.S. Supreme Court Justice Blackmun once opined. Nevertheless, a circuit judge may deny a defendant’s request to …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Attorneys, Appeals, Sentencing
Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania announced a new rule allowing post-sentencing motions raising ineffective assistance of counsel (“IAC”) claims where only a fine but no prison or probationary time is imposed. …
Article • July 20, 2018 • from CLN August, 2018
Powerful District Attorney Lobbies Improperly Influence Law Making by Matthew Clarke by Matt Clarke Around the nation, powerful lobbying groups composed of associations of prosecutors are influencing state legislatures to reject certain laws, regardless of how popular the proposed laws are with the electorate. In his January 2018 State of …
Dept. of Homeland Security Office of Inspector General - ICE's Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements, 2018 ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements June 26, 2018 OIG-18-67 DHS OIG HIGHLIGHTS ICE’s …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Attorneys, Sentencing
Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing by Dale Chappell by Dale Chappell Providing a lesson on what defense lawyers should and should not do to get their client a lower sentence, the Supreme Court of Delaware held that counsel was ineffective when he met with his …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Attorney Client
Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege by Dale Chappell by Dale Chappell In a case of first impression, the Supreme Court of Colorado held February 5, 2018, that a party seeking to invoke the crime-fraud exception to the attorney-client privilege must demonstrate “probable cause” that a crime …
Article • June 18, 2018
Filed under: Attorneys, Sixth Amendment
SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial by Richard Resch by Richard Resch On May 14, 2018, the Supreme Court of the United States (“SCOTUS”) issued a major decision affirming criminal defendants’ Sixth Amendment right to assert their innocence at …
Article • June 17, 2018 • from CLN July, 2018
Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that a convicted defendant is entitled to appointed counsel, pursuant to statute, for one review of his or …
Article • June 16, 2018 • from CLN July, 2018
S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC by Dale Chappell by Dale Chappell The Supreme Court of South Carolina found that counsel’s advice to a defendant to take a plea deal to avoid the State’s threat …
Article • June 16, 2018 • from CLN July, 2018
Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand by Christopher Zoukis by Christopher Zoukis Corruption in the Philadelphia Police Department led local prosecutors to prepare a list of cops who had engaged in misconduct, including excessive force, drinking on duty, and lying to …
Article • June 16, 2018 • from CLN July, 2018
Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea …
Article • June 1, 2018
Filed under: Attorneys, Public Defenders
$600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison by Monte McCoin by Monte McCoin In May 2018, jurors in a Newton County Circuit courtroom awarded $600,000 to a man who spent 17 years in a Missouri prison before his conviction was overturned by that state’s …
The Impact of Early Representation: An Analysis of the San Francisco Public Defender’s Pre-Trial Release Unit, Alena Yarmosky, 2018 Ta uni POLICY BRIEF June 2018 Alena Yarmosky The Impact of Early Representation: An Analysis of the San Francisco Public Defender’s Pre-Trial Release Unit In October 2017, the San Francisco Public …
Article • May 31, 2018
Filed under: Attorneys General
Eric Schneiderman, Once a Champion of Women, Now Accused of Assaulting Four by Steve Horn by Steve Horn Eric Schneiderman, who resigned as New York’s Attorney General May 8, had a record of supporting legislation and criminal law enforcement to protect women from sexual abuse. However, allegations surfaced that he …
Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost by Dale Chappell by Dale Chappell The prosecutor’s goal “is not that it shall win a case, but that justice shall be done,” the U.S. Supreme Court declared in Berger v. United States, 295 U.S. 78 …
New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn by Steve Horn The newly released 2017 edition of the National Registry of Exonerations report delivers big findings about the work done by conviction integrity units (“CIUs”), innocence projects, and what some legal experts refer to as …
Brief • May 14, 2018
Langley v. Prince et al., LA, order, murder conviction, 2018 Case: 16-30486 Document: 00514472153 Page: 1 Date Filed: 05/14/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30486 FILED May 14, 2018 RICKY LANGLEY, Lyle W. Cayce Clerk Petitioner …
Brief • May 11, 2018
Powers v. Iowa, appeal, investigative reports' admissibility, 2018 IN THE SUPREME COURT OF IOWA No. 16–1650 Filed May 11, 2018 DAVID M. POWERS, Appellant, vs. STATE OF IOWA, Appellee. Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge. Applicant for postconviction relief filed an interlocutory …
Brief • May 9, 2018
Filed under: Attorneys
Garcia v. Texas, deportation misadvice, review and opinion, 2018 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0804-17 EX PARTE SAMUEL OSVALDO GARCIA, Applicant ON THE STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS CAMERON COUNTY H ERVEY, J., delivered the opinion of a unanimous Court. …
Brief • April 27, 2018
Filed under: Attorneys, Mental Health
Iowa v. Einfeldt, IA, opinion, competency question, 2018 IN THE SUPREME COURT OF IOWA No. 16–0955 Filed April 27, 2018 STATE OF IOWA, Appellee, vs. WONETAH EINFELDT, Appellant. Appeal from the Iowa District Court for Dallas County, Randy Hefner, Judge. A defendant argues that the district court erred in failing …
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